Conveyancing in Sutton – 1928 covenants no barrier for Fridaysmove-approved Solicitor

by Alanna Narain, Legal Researcher
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In November 2010, Conveyancing Solicitor Dawn Thomas was instructed by Mr. and Mrs. E for the purchase of a freehold dwelling on Midway, Sutton, SM3 9EL.

The property is located within the local authority district of Sutton Council at the Civic Offices, St Nicholas Way, Sutton, SM1 1EA.

The land registry official copy revealed that the home was subject to a series of restrictive covenants dating back to 1928 and Dawn had to verify that the said restrictions had been fully complied with.

“The following are details of the covenants contained in the Conveyance dated 28 September 1928 referred to in the Charges Register: -

THE FIRST SCHEDULE above referred to

RESTRICTIONS AND STIPULATIONS

1.    THE Purchaser shall within 12 months of the date hereof make and for ever maintain a good and sufficient thick set hedge and iron standard wire netting fence to the approval of the Vendors on the sides of the land marked “T” within the boundary on the plan. No hedge or fence shall be less than four feet or more than six feet in height.

2.    PRIVATE dwelling houses only shall be erected on the land and no trade or business shall at any time be carried on except the profession of a Doctor, Solicitor, or Dentist. The prime cost of such dwelling houses shall be £550 at least for a detached house and £1000 for a pair of semi-detached houses.

3.    NOTHING shall be done upon the land which may be or grow to be a nuisance or annoyance to the Vendors or adjoining owners.

4.    THE building lines shown on the said plan shall be observed.

5.    THE Purchaser shall not be entitled to any right of light or air which would restrict or interfere with the free and unrestricted use by the Vendors of any adjoining property for building or other purposes.

6.    THE Purchaser shall on demand pay a fair proportion of the cost of repairing and maintaining the road coloured brown on the said plan until taken over by the Local Authority such proportion in case of dispute to be settled by the Vendor’s Surveyor whose decision shall be final.

7.    THE Vendors reserve the right at any time to release vary modify or waive any covenant heretofore or hereafter to be entered into by any past present or future Purchaser of any part of the adjoining or contiguous property of the Vendors and also to sell any part or parts of the said property free from any covenants by the Purchaser thereof or subject to such covenants as they may think fit.”

The sellers of the property were represented by Sherwood Wheatley Solicitors and the handling estate agent was Drury and Cole.

Dawn’s clients were extremely happy to have their purchase transaction complete on the 19th of November 2010.

For Fast Conveyancing in Sutton from a Fridaysmove -approved Solicitor, contact us on 0330 660 0286.

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